38
3.
Repeal of
Onlinance 2.
s. 7, lid
1900,
substitution
of new
seeti 1.
Amendment
of Ordinance No. 6 of 1906,
B. 8.
Amendment
of Ordinance
No. 6 of 1906,
B. 1.
Repeal of Ordinance
No. 6 of 1906, B. 10, and substitution
of new
section.
3. Section 7 of the Asylums Ordinauce, 1906, is repealed and the following section is substituted there- For :-
Removal to asylum for observation.
7-(1) Upon the application of any person who bas reason to believe that some other person is of unsound mind, it shall be lawful for any ungistrate or justice of the peace to make an order authorizing the removal to all asylum, for the purpose of detention and obser- vation during a period not exceeding seven days from and including the date of the order, of the person alleged to be of unsound raind.
(2) Auy application for such an order shall be made in the prescribed foria.
(3) The order made by the magistrate or justice of the peace shall be in the prescribed
form.
(4) Every such order shall have the effect of authorizing the applicant, and every public officer, with such assistance in each case as may be desirable, to use such force as may be necessary in order to remove to the asylum the person alleged to be of unsound mind.
(5) Except in case of necessity, no such order shall be made until an attempt has been made by the applicant to communicate with some relative of the person in question if any such relative can be found in the Colony,
4. Section 8 of the Asylums Ordinance, 1906, is amended by the insertion of the words "from and includ ing the date of the order" immediately after the word
days
"in the second line thereof.
5. Section 9 of the Asylums Ordinance, 1906, is amended as follows:-
(a) by the repeat of the words Form A in the Schedule" in the fourth and fifth lines thereof
and by the substitution therefor of the words
the prescribed form"; and
(b) by the ropeal of the words "Schedule. Form A.”
in the marginal note thereto.
6. Section 10 of the Asylumns Ordinance, 1906, is repealed and the following section is substituted there- for :--
observation.
Extension of 10. If while a person is lawfully under period of
detention in an asylum for the purpose of detention for observation, two melical practitioners certify in the prescribed form that it is necessary to detain such person in the asylum for a further period for the purpose of observation, and if such certificate is countersigned by a magis- trate or justice of the peace, it shall be Inwial to detain such person in the asylum for the purpose of observation for the further period specified in such certificate: Provided that no such extension shall be for a longer periul than seven days and that not more than two such extensions shall be lawful: Provided also that if before the end of any such exten- siou two medical practitioners shall be of opinion that the person in question is of un- sound mind, the procedure laid down in section 9 shall be followed as if the said medical practitioners had formed such opinion during the initial period of detention.
Removal of
asylum.
7. Section 11 of the Asylums Ordinuuce, 1906, is Repeal of hereby repealed and the following section is substituted Ordinance LiLerefor :-
No. 6 of 1906, a. 11, and (1) IF in the opinion of the senior medi- substitution
of new patient in
cul oflicer for the time being present in, and on hospital to
section. the staff of, any hospital, any patient in such hospital shows symptoms of suffering from lelirium tremens, it shuti be lawful for such medical officer, if he considers it desirable, to order such patient to be removed to an asylum, for the purpose of detention and observation during a period of seven days from and includ- ing the date of the order.
(2) This section shall only apply where the medical officer in question is or is deemed to be a registered medical practitioner.
(3) Any order for the removal of such a patient shall be in the prescribed form.
8. Section 15 of the Asylums Ordinance, 1906, is re- Repeal of pealed and the following section is substituted therefor Ordinance
uusound
ariod.
No. 6 of 1906,
Prisoners of 15. (1) If any person is ordered by the s. 15, and
Supreme Court to be detained as an insane substitution person until His Majesty's pleasure shall be of new known, the Governor may by warrant under section. ais hand direct such person to be removed to
an asylum and to be detained there until His
Majesty's pleasure shall be known.
(2) If any person who has been imprisoned under any sentence of imprisonment is certified by the medical officer of the prison in which such person is confined to be of unsound mind, the Governor may by warrant under his hand order such person to be removed to an asylum and to be detained there until the expiration
of his sentence or until further order,
(3) If any person who has been removed to
an asylum nuder the provisions of sub-section (2) shall, in the opinion of the medical practi- tioner in charge of the asylum, become of sound mind before the expiration of his sentence, the Governor may by warrant under his band direct such person to be removed to a prison and to be detained there until the expiration of his sentence. The period of detention in the asylum shall be reckoned as part of the
sentence.
(4) If any person who has been removed to an asylum under the provisions of sub-sec- tion (2) is certified by two medical practi- tioners to be still of unsound mind at the expiration of his sentence, such person shail be detained in an asylum nuul released by the Governor or discharged upon the authority of the medical practitioner in charge of such asylum or until he be otherwise released in due course of law. Every such certificate shall be in the prescribed form.
9. The Schedule to the Asylums Ordinance, 1906, is Repeal of repealed.
Ordinance No. 6 of 1906, Schedule.
10. This Ordinance shall come into operation on the Commence-
1st day of November, 1927.
Passed the Legislative Council of Hong Kong, this 15th day of September, 1927.
D.W. Tralina
Depmiy Clerk of Councils.
ment,
39
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